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General Court: Farmasul v. Manasul
In Case T-553/10, the General Court rejected the appeal brought against the contested decision by the 1st Board of appeal who ruled there was likelihood of confusion between the following figurative marks
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Biodes, SL (CTM Applicant) |
Manasul Internacional, SL (Spanish Opponent) |
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Goods in Classes 5, 30, 31 |
Goods in Classes 5, 30 and 31 |
It was not contested that the goods are similar or identical. As regards the comparison of the signs, they share a certain similarity since they have visual and aural similarity due to a look-alike font on a black and white background contrast. There can be no possible conceptual comparison.
Further, the BoA had found the earlier mark had a higher degree of distinctiveness on the Spanish market for “teas and infusions”. The GC held to the contrary that the market surveys produced did not constitute sufficient evidence to demonstrate the renown or more than average distinctive character.
However, the GC concluded that there is still a likelihood of association between the signs for the Spanish consumer.
Posted by: Laetitia Lagarde @ 16.38Tags: General court, likelihodo of confusion, farmasul, manasul, Spanish tea,
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